HomeMy WebLinkAbout#1197- Deed; Easement and ROW - From Papai to City of South Bend-in connection with the Orange,Colfax Connector.EASEMENT AND RIGH'.T'-OF-WAY from
Josephine Papai to City of South
Bend in connection with the
Orange/Colfax Connector.
7°�'U 53 1
EASEMENT AND RIGHT-OF-WAY -*V / / 9 %
In consideration of the sure of One Dollar ($1.00)
Dollars cash in hand paid, receipt whereof is
hereby ..o-knowledged, the undersigned hereby grant, bargain, sell, convey,
transfer, deliver unto the Civil City of SruLh Bend, a permanent easement
and right -of -tray, for the following purposes namely: The right to enter
upon the )ereinafter described ]a;id and grade, level, fill, drain, pave,
build, maintain, repair, and rebuild roads, streets, highways, togeth;-
with such bridges, culverts, ramps, and cuts as may be necessary, on,
over, and across the ground embraced within the right-of-way hereinafter
described, further a permanent easement and right-of-way, including the
perpetual right thereupon the real estate hereinafter described, at any
time that it may see fit, for the purpose of constructing, maintaining acid
repairing, installing and renewing any water, sewer, and other utility
facilities, whether used in conjunction with general street purposes, or
for pile sole purpose of constructing, maintaining, installing, repairing,
and replacing and/or renewing ;uch sewer or other facilities for all pLXPO:�_
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both sanitary and storm sewer' ground embraced within the right-of-way here i r—
after described, whv,ch is located within the boundaries of a tract or parcel
of land situated in the County of St. Joseph, State of Indiana, briefly
described as follows:
A tract of land taken off of and from the Southeast corner
of Lot 32 as shown in the recorded plat of the Studebaker
and Hines Subdivision of Part of Bank Out Lot 00, St. Joseph
County, South Bend, Indiana, beginning at the Southeast
corner of said Lot, then North along the East property line
of said Lot a distance of 5'; thence Southwesterly to a
point on the South property line of said Lot 32, which point
is 5' West of the point of beginning; thence East a distance
of 5' to the point of beginning. All in the Northwest One
Quarter (1/4), Section 10, Township 37 North, Range 2 East,
Portage Township, St. Joseph County, Indiana.
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To have and to hold the said easement and right -of -gray unto the
Civil City of South Bend, Indiana, and unto its successors and assigns
forever.
And the said Grantors hereby covenant with the Civil City of
South Bend, Indiana, that they are lawfully seized and possessed of the
aforedescribed tract or parcel of land; that they have a good and law-
ful right to sell and convey; that it is free from all encumbrances; and
that they will warrant and forever defend the title in quiet possession
thereto against the lawful claims of all persons whomsoever.
And as a further consideration for the payment of the purchase
price, above stated, the Grantors hereby release all claims for damage,
from whatsoever cause, incidental to the exercise of any of the rights
herein granted, from the beginning of the world until this date.
It is understood and agreed by the parties hereto, that wherever
in the foregoing instrument the singular number is used, it will be read
Lis plural, if and when necessary, sand LhaL wherever Yrords ur neuter gender,
are employed, they will likewise apply to the masculine gender, whenever
the contract requires.
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7905351
ST. JOSEPH COL1flTY )
SS:
STATE OF INDIANA )
Before me, a Notary Public, in and for said County and State,
personally appeared Josephine Papai
-3-
_ who acknowledged the c.xecutioii of till al.ovL.
and foregoing instrument and right-of-way as her free and voluntary
act and duffed this 28th day of February, , 1979
1,ly commission expires
January 22, 1983
Prepared by: Thomas J. Brunner, Jr.,, City Attorney
C� f
Notary Public - David A. dells,
a resident of St. Joseph Count_.;
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